Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2825/2018
1. Bhupesh Kumar Son Of Shri Kailash Naraian Kala
2. Kamlesh Kumar Son Of Shri Kailash Naraian Kala
3. Mahesh Kumar Son Of Shri Kailash Naraian Kala
4. Smt. Kanchan Devi Wife Of Shri Kailash Naraian Kala
5. Madhu D/o Shri Kailash Naraian Kala, All Resident Of Manihari Mohalla, Sawai Madhopur City, Sawai Madhopur Rajasthan
6. Smt. Shanti D/o Shri Kailash Naraian Kala, Resident Of Chaksu, District Jaipur - Presently Residing At Vigyan Nagar, Kota Rajasthan ----Petitioners Versus
1. Narendra Singh Son Of Shri Raghuveer Singh, Resident Of Manihari Mohalla, Sawai Madhopur City, District Sawai Madhopur Rajasthan Since Dead Represented Through - 1/1 Paramjeet Kaur Wife Of Shri Narendra Singh 1/2 Manpreet Kaur D/o Shri Narendra Singh 1/3 Balvinder Kaur D/o Shri Narendra Singh 1/4 Gurjeet Kaur D/o Shri Narendra Singh 1/5 Inderjeet Kaur D/o Shri Narendra Singh 1/6 Jagdeep Singh S/o Shri Narendra Singh, All Resident Of 23-B, Indira Colony, Bajaria Sawai Madhopur City Rajasthan
2. Kutubudeen Son Of Shri Mohammed Bux, Resident Of Manihari Mohalla, Sawai Madhopur City, District Sawai Madhopur Rajasthan ----Respondents For Petitioner(s) : Mr. Saransh Saini For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 02/04/2025
1. Instant Civil Writ Petition under Article 227 of the Constitution of India has been filed by the petitioners, feeling aggrieved by dismissal of their civil suit filed under Section 6 of
[2025:RJ-JP:14872] (2 of 2) [CW-2825/2018] the Specific Relief Act, 1963, to restore the possession of one room, vide judgment dated 19.04.2010 passed by the Additional Civil Judge (Senior Division), Sawai Madhopur.
2. It is no more res integra that in spite of dismissal of the suit under Section 6 of the Specific Relief Act, 1963, which is a special remedy, the petitioners have remedy of filing a regular civil suit for possession by establishing their ownership rights over the suit property.
3. Therefore, in view of above settled proposition of law, counsel for petitioners, having instructions from petitioners, do not want to press this writ petition and seeks liberty to file a regular civil suit for possession.
4. Accordingly, the writ petition is dismissed as not press with liberty as prayed for.
5. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J RONAK JAIMAN/68